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Wisconsin law requires specific provisions in rental agreements that defends both landlord and tenant. While Wisconsin does not impose a statutory cap on security deposits, landlords must return deposits within 21 days. Wisconsin requires 7 specific disclosures in lease agreements.
Wisconsin Lease Requirements
Security Deposit LimitNo statutory limit
Deposit Return Deadline21 days
Deposit Interest Required Not required
Late Fee CapNo statutory cap on late fees; however late fees must be disclosed in the rental agreement and may not be unconscionable; Wisconsin Administrative Code ATCP 134 governs rental practices
Required Disclosures Lead-based paint disclosure (federal requirement for pre-1978 housing); Name and address of the landlord and any authorized agents; Move-in condition checklist - landlord must provide a Check-In Form documenting the condition of the unit before or at the start of tenancy; Disclosure of any building code violations of which the landlord is aware; Notice of any outstanding building or housing code violations; Disclosure of whether the premises has been found to contain lead paint (for pre-1978 housing); Landlord must disclose if a dwelling unit is in a flood plain
What to Include in a Wisconsin Sublease Agreement
Every Sublease Agreement in Wisconsin should include the following vital provisions: identification of the property owner and renter, a complete description of the rental property, the lease term and rent amount, security deposit terms including the amount and return deadline (21 days in Wisconsin), late fee policies that comply with state limits, utility responsibilities, rules regarding pets, smoking, and occupancy limits, maintenance and repair obligations, right of entry provisions, termination and renewal terms, and all state-required disclosures.
Wisconsin law requires landlords to disclose lead-based paint disclosure, name and address of the landlord and any authorized agents, move-in condition checklist - landlord must provide a check-in form documenting the condition of the unit before or at the start of tenancy, disclosure of any building code violations of which the landlord is aware, notice of any outstanding building or housing code violations. Wisconsin Administrative Code ATCP 134 governs most residential rental practices and is strictly enforced.
How to Complete a Wisconsin Sublease Agreement
To complete a Sublease Agreement in Wisconsin, start by gathering the necessary information: full legal names and addresses of all parties, the complete property address, the agreed-upon rent amount and payment terms, and the security deposit amount. You will also need to decide on house rules such as pet policies, smoking restrictions, and quiet hours.
Our platform walks you through each section with a guided form that only shows fields required for Wisconsin. Once you have filled in all details, you can preview the document, choose from five professional document styles, and download your completed Sublease Agreement as a PDF.
Frequently Asked Questions
What is the maximum security deposit in Wisconsin?
Wisconsin does not impose a statutory cap on security deposits. Landlords must return the deposit within 21 days after move-out, minus lawful deductions.
Can a landlord charge a late fee in Wisconsin?
Yes. Wisconsin caps late fees at no statutory cap on late fees; however late fees must be disclosed in the rental agreement and may not be unconscionable; wisconsin administrative code atcp 134 governs rental practices. Late fee terms must be clearly stated in the lease.
How much notice must a landlord give before entering a rental in Wisconsin?
Wisconsin requires landlords to give 12 hours before entering a rental unit for non-emergency purposes. Entry without proper notice may violate tenant rights under Wisconsin landlord-tenant law. Emergency situations such as fire or flood allow immediate entry without advance notice.
Do you need your landlord's permission to sublease in Wisconsin?
In most cases, yes. Most leases in Wisconsin require written landlord consent before subleasing. Subleasing without permission can be grounds for eviction. The original tenant (sublessor) remains liable to the landlord for rent and damages even after subleasing - the subtenant's obligations run to the sublessor, not directly to the landlord.
What is the difference between a sublease and an assignment in Wisconsin?
In a sublease, the original tenant retains some interest in the lease (e.g., they plan to return) and a new person moves in temporarily. In a lease assignment, the original tenant transfers all rights and obligations to a new tenant permanently. Both typically require landlord approval in Wisconsin. A sublease agreement protects the original tenant if the subtenant fails to pay rent or damages the property.
How much notice is required to terminate a lease in Wisconsin?
For month-to-month tenancies, Wisconsin requires landlords to give 28 days notice and tenants to give 28 days notice. Fixed-term leases end on the agreed date without additional notice unless the lease says otherwise.
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